How a Birth Injury Attorney Can Help Families Get the Compensation They Need

Although advances in medicine have made childbirth safer than ever, complications can still arise in the course of birth and after the birth of an infant. If you suspect that your child suffered a preventable birth injury, speak to an experienced birth injury lawyer immediately.

A firm specializing in birth injuries will typically pay for all litigation costs and only be compensated if they obtain an award in your case.

Damages

While medical advances made childbirth safer than ever before however, mothers and their babies are still at high risk of injury due to a number of reasons. This includes oxygen deprivation, head trauma and infections. These injuries can cause devastating disabilities, such as cerebral palsy. A reputable birth injury lawyer can help families get compensation for the lifelong treatment and medical care they require.

Your lawyer will request all medical records and reports that relate to the injuries suffered by your baby. The attorney will also hire medical experts to analyze the evidence and provide an official opinion on whether the medical personnel involved in the birth of your baby violated the standard of care. In a typical instance, an expert will examine the medical care offered by the defendant with the standard practices used by other medical professionals with similar experience and training.

Economic and non-economic damages may be awarded. Economic damages cover expenses like future and current medical bills, lost income, and property losses. Non-economic damages include emotional distress and suffering and pain. In rare instances punitive damages could also be awarded. These are designed to punish the party responsible and discourage similar behavior in the future. They are distinct from compensatory damages which are awarded to recover actual losses.

Medical Experts

While medical advances have made childbirth more secure than ever before, the process remains a risky one for both baby and mother. It is the responsibility of nurses and doctors who are involved in the delivery to act professionally and avoid mistakes which could have catastrophic consequences for the health of both parties. Parents can sue for damages if doctors and nurses do not behave professionally during the delivery.

An attorney for birth injuries will work closely with you for the duration of your case from beginning with the initial consultation until final resolution. They will collect evidence from you, such as witness statements and medical records and will also seek expert opinions from a variety of sources including other doctors and specialists.

These experts will review all the evidence and give an opinion in writing on whether the injuries occurred because of medical negligence. The lawyer will use this to decide how best to proceed.

If the medical expert is of the opinion that there was a malpractice the lawyer will file a lawsuit against the guilty parties. This includes the obstetrician in charge of your pregnancy, any nurses, surgeons or hospital personnel who assisted during the birth.

Legal proceedings can be costly due to the many fees such as the cost of records, expert witnesses, and depositions. Your lawyer will advance these expenses and then reimburse you once they have won an agreement on your behalf.

Preparing for a trial

A birth injury lawyer will work on any case in which the baby was injured due to doctor negligence, whether before, during, or shortly following delivery. When reviewing the case, the attorney will consider two things: whether or not there is evidence of medical negligence as well as the severity of the injury.

Often, the attorneys will consult with medical experts to determine whether medical malpractice caused the injury. They will review documents from the pregnancy, birth of the child and the medical treatment that was received for the injuries afterward. They will also be in a position to assess the effects of the injuries sustained by the child on his or her future.

The experts will help the lawyer decide the medical providers that should be included in the lawsuit. The lawyer will send a letter to the medical providers and their insurance companies asking them to respond to the lawsuit. A good mukwonago Birth injury lawsuit injury lawyer will know how to negotiate with insurance companies and be prepared to take on trial should it be necessary.

Parents may be entitled for damages for past and future medical costs related to the injuries sustained by their child. They could also be awarded damages for suffering and pain. These damages can be substantial, especially if a child's injuries were serious. An experienced attorney for dellwood birth injury lawsuit injuries can maximize the amount of compensation that is paid to the parents.

Insurance Companies

A lawsuit for birth injuries can't undo the damage done to your child, but it can help pay for future medical costs, therapy, home modifications, and ongoing support. These expenses may seem overwhelming, but an experienced birth injury lawyer will work with several experts to determine the financial impact on your family due to the injury you sustained and how much compensation you are entitled to.

The first step in a birth injury claim is to prove that the doctor who was involved in your case had an official relationship with you and your child, and that they breached this relationship by acting negligently prior to or during your child's delivery. You can easily prove this by obtaining your hospital bills and medical records.

Once this is established After this is established, the lawyer needs to determine the specific actions taken by the doctor who were negligent and the effect they had on the health of your child. A birth injury lawyer will know where to find the medical documentation or expert witness testimony, as well as other evidence to support your claim.

A competent birth injury attorney will take care of all the complexities of your case. They will never require you to pay out of pocket to pursue justice. They should be able and willing to work on an hourly basis. This means they will only be paid if they win your case, and their fee is a percentage from the settlement or award.